The bill S. 940 aims to amend the South Carolina Code of Laws, specifically Sections 15-73-10 and 15-73-30, which pertain to product liability. The amendments include the definition of key terms related to product liability actions, such as "product liability action" and "distributor." The bill clarifies that a product liability action can be based on various legal theories, including negligence and strict product liability, while explicitly stating that it does not include actions for contribution or indemnity.

Additionally, the bill introduces limitations on the liability of distributors, wholesalers, dealers, retailers, or sellers of defective products. It specifies that these parties can only be held liable if they are also the manufacturers or assemblers of the final product, or if they altered the product in a way that caused harm. Furthermore, if a claimant cannot identify the manufacturer of a defective product despite due diligence, they may bring a product liability action against the distributor or seller, provided they submit an affidavit certifying their efforts. The bill also includes provisions for the dismissal of claims against distributors or sellers once the manufacturer is identified.

Statutes affected:
02/19/2026: 15-73-10, 15-73-30
Latest Version: 15-73-10, 15-73-30